Judge to rule on Perryville cop's petition this week

PERRYVILLE, Mo. -- A Perry County circuit judge said Friday he will rule this week on Brad Pitts' petition to have his name placed on the ballot for Perryville city marshal.

In preparing candidates' certification to send to the county clerk's office, Perryville City Clerk Tracy Prost discovered Pitts -- who is a sergeant with the Perryville Police Department -- had not paid about $32 in personal property taxes that were due Dec. 31.

Section 115.346 of the Missouri Revised Statutes prohibits anyone from being certified as a candidate for municipal office who is in arrears for city taxes on the last day to file a declaration of candidacy.

The filing period for the April 8 election ended Jan. 21.

In court Friday, Pitts' attorney, Russell Oliver, said Perryville's city code provides for the board of aldermen -- not the clerk -- to determine candidates' eligibility.

"How do you review the propriety of the decision of a person who didn't have the authority to make that decision?" Oliver said.

If Circuit Judge Benjamin Lewis finds Prost acted beyond the scope of her authority, Pitts is entitled to a hearing before the board of aldermen, Oliver said.

If the board disqualifies Pitts' candidacy, he could then seek a judgment from the court on his eligibility to run, Oliver said.

"That issue is not ripe and not before this court today," he said.

Perryville city attorney Tom Ludwig told Lewis the ordinance providing for a hearing by the board of aldermen is designed to address questions about city-imposed qualifications for a position, such as age or residency, not matters of state law.

"This is not a city code issue," he said.

Under state law, the city clerk cannot certify a candidate who is in arrears on municipal taxes or user fees, Ludwig said.

"There's nothing discretionary about it. ... It would be nice if it was discretionary," he said. "Section 115.346 says this is like a light switch: It's either on or off. ... Candidates who don't pay their taxes by the last day to file can't be on the ballot. There's nothing we can do about it."

Lewis told the attorneys he would take the matter under advisement and issue a judgment next week.

If Pitts is placed on the ballot, he will face Perryville police Lt. Direk Hunt and city code enforcement officer Joe Martin in the election.

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